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Arizona Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Arizona on

Q: What should I file after County Attorney file motion to strike my motion to clarify?

MOTION TO STRIKEMOTION TO CLARIFY FILED BY “Soandso POA” The State of Arizona, by and through undersigned counsel, request this court strikeMOTION TO CLARIFY filed on September 12, 2019 by “Soandso POA .”

Undersigned counsel has cross referenced that name with attorneys licensed... Read more »

Mike Branum answered on Sep 14, 2019

You need to file an opposition.

If you are facing serious charges, you are taking an enormous risk in representing yourself. Even if you are assigned an overworked public defender, you are better off working with a licensed attorney than "winging it" by yourself.

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Workers' Compensation for Arizona on

Q: Live in caregiver and client’s son verbally agreed upon a set payment amount and schedule but still hasn’t been paid.

I was asked by a friend to move to Arizona from San Diego into his mother’s house to be hired as her live in caregiver. Her son and I agreed to a set rate and payment schedule, and verbally confirmed our agreement several times, and though I’ve been here for 4 months now, I haven’t been paid... Read more »

Mike Branum answered on Sep 13, 2019

You would need to file a small claims action. It will need to be filed in Arizona, which may be difficult if you move it and move back to Cali.

1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Arizona on

Q: I am a surety for a property bond for my brother in a criminal case in federal court. I need help with a Bond Forfeiture

My brother has been sentenced and is serving his time currently. He was released on bail in 3/2019 and had no issues until a dirty drug test. He was required to appear before the judge and surrender earlier then his original surrender date in his sentencing. The court then exonerated the bond. The... Read more »

Gary Kollin answered on Sep 12, 2019

You need to retain a lawyer in the federal district where the forfeiture occurred

1 Answer | Asked in Criminal Law for Arizona on

Q: Would petty theft of merchandise totaling less than $1,000 be charged as a misdemeanor or felony in the state of Arizona

My friend has prior convictions in the state of California and has done state time. He doesn't have a criminal background in Arizona though.

K. Bryan Goodman answered on Sep 12, 2019

Typically "theft" under $1000.00 is a misdemeanor. However, shoplifting (even under $1000.00) can be charged as a misdemeanor or felony, regardless of value. A.R.S. 13-1805 - "A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent... Read more »

1 Answer | Asked in Criminal Law and Divorce for Arizona on

Q: So if I was convicted in 2007 on a paraphernalia charge ,was sentenced to 1 year probation ,successfully finished in

in 2008 have not been in any trouble until 12/18 where I was arrested and charged with a few felonies ,can the prosecutor charge me with a prior

Gary Kollin answered on Sep 11, 2019

charge you with a prior what?

1 Answer | Asked in Criminal Law for Arizona on

Q: My friend got arrested today for shoplifting in Arizona. Will he be going to prison?

He just moved here to Arizona from California where he already has been to prison a few times and has a lengthy criminal background for similar crimes. For example, he has a few 2nd degree commercial burglaries and white collar crimes like credit card fraud and similar charges.

K. Bryan Goodman answered on Sep 10, 2019

Shoplifting can be charged as a misdemeanor or as a felony depending on the facts of the case. If it is charged as a misdemeanor your friend faces up to 6 months in jail. If it is charged as a felony, your friend could be looking at serious prison time since it appears he has prior felony... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: FRIEND RECENTLY MOVED TO ARIZONA FROM CALIFORNIA WHERE HE HAS CRIMINAL BACKGROUND. GOT ARRESTED TODAY FOR SHOPLIFTING.

IS HE GOING TO PRISON IN ARIZONA BECAUSE HE HAS A CRIMINAL BACKGROUND IN CALIFORNIA?

Gary Kollin answered on Sep 8, 2019

You asked this question multiple times . Also you write in all caps which is considered rude and shouting

1 Answer | Asked in Criminal Law for Arizona on

Q: How can i find out the details of a murder and if anyone was charged with her murder in pima county, az

A body was found in the desert of my friend, Cynthia Klein, in or around 1975-1977. I was interviewed at my nursing school about Cynthia’s routine. Her parents came to town, i think from MI, and she wasnt home. They didn’t think the body found was hers but I did. It was her. I’ve always... Read more »

Mike Branum answered on Aug 27, 2019

You would have to request records from the Pinal County Sheriff. The information about their records department may be found here: http://www.pinalcountyaz.gov/Sheriff/Pages/Records.aspx. You may have an easier time obtaining access if you work with a surviving family member like a brother or... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Arizona on

Q: In the Arizona Revised Statutes, What is the Legal basis for an Attorney representing a hospital, to Quash a Subpeona?

I was arrested in the hospital for the charges of disorderly conduct/fighting ARS 13-2904A.1, I Subpeoned hospital staff involved directly in my care as witnesses for my defense.

Attorney for the hospital is going to argue in court today to have those Quashed. On what legal basis?

Mike Branum answered on Aug 14, 2019

Without seeing the motion or hearing the argument it is impossible to say with certainty, but I can give you an example of a possible argument: damage to the hospital if forced to comply. The hospital could argue that calling their employees to testify could place hospital policies and procedures... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on

Q: How would i go about dropping a order of protection through the courts I've written letters and nothing please help

K. Bryan Goodman answered on Aug 5, 2019

Only the judge can dismiss the order of protection and a hearing is often required to do so. I have included a link to the forms used in AZ courts for Orders of Protection. Go to page 17 and use the "Request" page to request the court dismiss the Order. You will have to explain why you want the... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: If i was pulled over for a crime i did not comitt and was patted down and searched and found marijana can i be charged

Can i be charged with the lil amount of marijana if i was never suppose to be stopped in the first place

K. Bryan Goodman answered on Aug 5, 2019

Hello and thank you for the question. If the initial stop and detention were unlawful, you may be able to successfully defend the possession of marijuana. However, such a challenge relies heavily on the facts of your particular case. A lot more information is needed to give you the best answer.... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on

Q: What are the laws on someone being charged for DV months afterwards, with no police report being filed at the time

There was no report filed when the so called DV happened more than month later arrested then three months later charged for something said after the DV occurred. Please tell me that cannot happen is there a law on how long someone can be charged with,DV after the incident occurs. From arizona... Read more »

Mike Branum answered on Aug 1, 2019

The statute of limitations for misdemeanor offenses in the State of Arizona is one year. If the police or prosecutor obtain evidence of a crime, they may charge an individual any time up to one year after the occurrence which they consider a criminal offense. Filing of a police report is not a... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Arizona on

Q: What do I do if am contacted by a detective about them confiscating a stolen firearm I purchased?

I recently had a firearm confiscated from me because it came back stolen.* I've never been convicted of a crime. *I even ran the serial numbers in numerous data bases to make sure it wasnt stolen well come to fund out it was. Now the detective wants to talk to me. I fear that what I say will be... Read more »

Mike Branum answered on Jul 30, 2019

I try very hard to never answer a question with merely "you need a lawyer." If someone is asking a question on an Ask-a-Lawyer website, I figure they likely suspect it would be nice to have a lawyer.

So, the BEST way to protect your integrity and your father's reputation would be to hire an...
Read more »

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3 Answers | Asked in Criminal Law for Arizona on

Q: My son is 20 is going to graduate from college, works, has his own car, apparment. Excellent kid!. He has a court order

Class 6 ,he hit someone in the nose by accident when he was having a bad reaction to pot,he wasn't arrested, can he get his charges dismissed with maybe a fine and probation?

Gary Kollin answered on Jul 30, 2019

He needs an attorney regardless. Consult with the lawyer about possible outcomes

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1 Answer | Asked in Criminal Law for Arizona on

Q: In felony murder cases, does everyone involved get charged or can prosecutor pick and chose who they want to charge?

Ex; if 4 people are involved however only 2 people get charged

K. Bryan Goodman answered on Jul 26, 2019

Prosecutors make charging decisions based on the evidence. If there is sufficient evidence all parties were involved, then all parties will be charged. In a typical felony murder prosecution, all "confederates" (actors in the original crime) are charged.

1 Answer | Asked in Criminal Law for Arizona on

Q: Need a lawyer to get off probation Have been out 3 yrs no police contact, following all probation regulations.

K. Bryan Goodman answered on Jul 26, 2019

Hello and thank you for the question. You can hire an attorney to file a Petition to Terminate Probation (you can also file the motion yourself). Such as motion is typically appropriate after you have finished at least 50% of the probation time, stayed current on fines and fees, and have remained... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on

Q: complying with court orders and doing what im supposed to do as a good citizen does but im a known felon and easy target

I was outside a friends house at the end of driveway by the street polishing my motorcycle minding my own buis not aware of anyone home because nobody answered. The house was raided earlier that day before i showed up and i did not know this at this time however apparently there was a jacket found... Read more »

Mike Branum answered on Jul 19, 2019

Sounds like a very weak case. If you already have a past with the officer, he can arrest you even if he knows the charges will not "stick." If you have not had a preliminary hearing yet, that will be the opportunity for your attorney (PD or retained) to make the case that there is not enough... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Is it possiable that charges can be dismissed if some or all items ordered to be relased are not able to be produced in

wanted to know what might possibly be the outcome if the DA was ordered by a judge to produce fingerprints, pics, 911 phone call, rest of discovery, and weight of items collected by a certain day since items listed above were never disclosed after months of requests. Trail was pushed back 2 weeks... Read more »

Gary Kollin answered on Jul 15, 2019

Ypu have an attorney.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Municipal Law for Arizona on

Q: Is it legal to be arrested because of a warrant for not appearing in court if I never received court date information?

I was never served or received any court documents about appearing in court over non payment for a furniture rental. I had no idea there was a warrant out for my arrest. I rented furniture from a rent to own furniture company and fell behind on the payments. The company was unwilling to make... Read more »

Mike Branum answered on Jul 15, 2019

Typically a judgment may not be entered without the plaintiff demonstrating proof of service. If you were not personally served, the plaintiff may have used an alternative method of service such as service by publication (where the plaintiff runs a legal notice in a newspaper that covers the area... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: I was assaulted verbally and physically by a minor on 6-17-19 should I press charges against that minor and how long do

I have to file is there a statues of limitations on this

Mike Branum answered on Jul 10, 2019

You have one year for misdemeanor offenses but the longer you wait the less seriously you will be taken.

You have two years to file a civil case to recover damages for any injuries you sustained.

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